Opinion
(6609)
Argued April 6, 1989
Decision released April 25, 1989
Substitute information charging the defendant with the crimes of possession of narcotics with intent to sell and possession of a controlled substance, brought to the Superior Court in the judicial district of New Haven and tried to the jury before S. Freedman, J.; verdict and judgment of guilty of possession of a controlled substance, from which the defendant appealed to this court. No error.
Thomas Ullman, assistant public defender, for the appellant (defendant).
Rita Shair, deputy assistant state's attorney, with whom were Michael Dearington, state's attorney and, on the brief, Arthur Hadden, former state's attorney, for the appellee (state).
The defendant appeals his conviction, after a jury trial, of the crime of possession of marijuana in violation of General Statutes 21a-279 (c).
After the jury found him guilty of possession of marijuana and acquitted him of the crime of possession of narcotics with intent to sell under General Statutes 21a-277 (a), the defendant was sentenced to the maximum term of one year imprisonment.
The defendant claims that, in recommending the maximum sentence, the prosecutor committed prosecutorial misconduct, and that the imposition of the maximum sentence by the court constituted cruel and unusual punishment. Both claims are without merit.
At the time of sentencing, the trial court had before it the report of the probation department's presentence investigation of the defendant. This report revealed that since 1979 the defendant had been convicted twice for felonies and six times for misdemeanors. Further, the defendant was on probation for another offense at the time he was convicted of the offense involved in this case.